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Shortly after a bomb explosion in London, an unknown person posted messages onto a bulletin board falsely implicating that a certain Mr X, who lives...
QUESTION 1
Shortly after a bomb explosion in London, an unknown person posted messages onto a bulletin board falsely
implicating that a certain Mr X, who lives in Cape Town, had something to do with the terrorist attack. The
bulletin board is hosted by West-World Internet Ltd, an Internet Service Provider registered in South Africa.
Answer the following questions.
Discuss in detail by referring to applicable case law, legislation and academic commentary.
(a) Mr X wants to notify West-World Internet Ltd that the messages are defamatory and request the Internet
service provider to remove them. What legal steps would you advise X to take to lodge his complaint?
(b) After Mr X lodged his complaint, West-World Internet Ltd failed to remove the defamatory messages. A week
later Mr X filed a lawsuit against West-World Internet Ltd for defamation. What defence or defences, if any,
would the defendant, West-World Internet Ltd, be able to rely on? Discuss in detail by referring to relevant case
law and legislation as well as the position in the United Kingdom.
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, Shortly after a bomb explosion in London, an unknown person posted
messages onto a bulletin board falsely implicating that a certain Mr X, who lives
in Cape Town, had something to do with the terrorist attack. The bulletin board
is hosted by West-World Internet Ltd, an Internet Service Provider registered in
South Africa. Answer the following questions.
Discuss in detail by referring to applicable case law, legislation and academic
commentary.
(a) Mr X wants to notify West-World Internet Ltd that the messages are
defamatory and request the Internet service provider to remove them. What legal
steps would you advise X to take to lodge his complaint?
(b) After Mr X lodged his complaint, West-World Internet Ltd failed to remove the
defamatory messages. A week later Mr X filed a lawsuit against West-World
Internet Ltd for defamation. What defence or defences, if any, would the
defendant, West-World Internet Ltd, be able to rely on? Discuss in detail by
referring to relevant case law and legislation as well as the position in the United
Kingdom.
(c) Can West-World Internet Ltd be compelled to reveal the name and address
of the user that has placed the defamatory messages on the Internet?
Substantiate your answer.
(d) Mr X also found out that defamatory messages of him were circulated
amongst certain email users. In order to institute a claim for defamation Mr X
must prove that publication took place. Discuss what the term “publication”
means in this instance and explain when it will take place. Will it make any
difference to your answer if the emails are written in a secret language? (6)
(e) Find 6 (six) sources of law on the Internet which you can use to substantiate
your opinion to your client and indicate why you have decided on a specific
internet document – in other words, which aspect(s) of your point of view it
substantiates. You can either attach the first and last page of these sources, OR
you can list the sources including their full details (author, title, date retrieved,
etc and the URL references) so that these sources can be traced on the Internet.
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